By Oluwaleye Adedoyin Grace

INTRODUCTION

“Get out of the car! I said, get out of the car!”

The sudden shouting jolted me out of my thoughts. I lifted my head and saw three policemen, guns drawn, aimed straight at the two guys sitting beside me. My heart pounded as confusion set in—what was happening?

The officers yanked open the door and ordered the guys out. Their crime? Holding iPhones.

Without hesitation, the policemen snatched their phones and barked at them to unlock the iPhone. One of the guys, clearly aware of his rights, refused and questioned why they needed to check his phone. Before he could finish his sentence, a hot, resounding slap landed across his face. The other guy, shaken, immediately unlocked his phone, and the first, now subdued, followed suit.

They scrolled through their phones, searching for… what exactly? Evidence of a crime? An excuse to extort them? Finding nothing incriminating, they moved to the next step—ordering the driver to pull over and unload their luggage from the trunk.

I watched in disbelief as the officers rummaged through their belongings, turning clothes inside out, searching with desperation. Still, nothing. Then, one of them picked up a National Identity Card and smirked.

“Who get this ID?” he asked.

The guys exchanged glances. “It’s mine,” one of them said, reading out the name on it. He pulled out other identification cards to prove it, but the officers weren’t interested in the truth. They wanted trouble.

Right there on the roadside, they patted them down, their hands roaming every pocket, almost stripping them naked in broad daylight. And when they still found nothing, the intimidation escalated. They grabbed the guys by their shirts and started dragging them toward their van.

“For what?” I asked myself. “For what?”

The driver, having clearly witnessed this scenario play out before, turned to the guys and said in a low voice, “Just arrange something for them.”

And just like that, the script changed. Money exchanged hands. The once-aggressive officers suddenly softened, smiling as if they hadn’t just harassed and assaulted two innocent men.

Corruption in uniform—so blatant, so normalized. And the worst part? We all knew how this would end the moment it started.

This is the reality of being a young Nigerian—the daily harassment, the unchecked brutality from the very police officers who are supposed to protect us. For many youths in this country, encounters like this are not shocking anymore. They have become part of our everyday lives, something we are almost expected to endure. And that… is the saddest part of it all.

But here’s the thing—it’s unconstitutional. The 1999 Constitution of Nigeria (as amended) is very clear on citizens’ rights, yet law enforcement agencies often disregard these provisions. This article breaks down police violations, key court cases, and what needs to change to truly “police the police.”

WHAT THE CONSTITUTION SAYS VS. WHAT THE POLICE DO

The 1999 Constitution guarantees several fundamental rights that the police are supposed to uphold. But let’s be real—these rights exist more on paper than in practice. They include:

  1. Right to Life (Section 33) – Violated by Extrajudicial Killings

The Constitution says that No one shall be deprived of life except by a valid court sentence. However, Extrajudicial killings by the police are rampant. The case of Kolade Johnson (2019)—a young man shot by the police while watching a football match—sparked outrage. The officer responsible was dismissed, but how many more cases go unpunished?

In Giwa v. State (2016) LPELR-40563(CA), the Court of Appeal reaffirmed that police officers have no immunity when they unlawfully kill civilians. The problem? Justice is slow, and most cases never reach the courts.

  1. Right to Dignity (Section 34) – Violated by Torture and Brutality

The Constitution says: No one shall be subjected to torture or degrading treatment. However, Torture is a common police interrogation tool in Nigeria. Beatings, electric shocks, waterboarding—  section 2 of the Anti-Torture Act has also made provisions on what amount to torture but guess what, they all happen. you name it, they happen.

Let me remind you of Chris Ebuka who was arrested on the 13th of April, 2023 while running an errand for his sick mother and all of a sudden met his fate at God’s Will Pharmacy at Oshodi in, Ikeja Lagos state. According to reporters, he was arrested by some police men because according to them, his dreads looks like he is into drugs. Trying to explain, he was hit by the gun the other police officer was holding and all he could remember was a water poured on him to regain consciousness. He was beaten so he would admit to be part of a robbery that took place a week earlier. One of the experience he faced was the electric shock and constant beating from the police. The worst part, after a month when people knew where he was, he heard the shocking news of his mother’s death.

One of my lecturers said and I quote ‘in other countries, the police officers investigate crimes but in Nigeria, they torture you to confess to a crime you never committed’

Take the case of Ejike Maduka v. Inspector General of Police (2012) LPELR-8031(CA). The Court of Appeal ruled that the police’s use of force on the victim was unconstitutional and ordered compensation. But how many victims can afford to hire a lawyer and fight back?

Even with the Anti-Torture Act of 2017, which explicitly bans these practices, reports from Amnesty International show that the police still use torture as a “confession extraction” method.

  1. Right to Personal Liberty (Section 35) – Violated by Arbitrary Arrests and Detentions

The Constitution says: No one shall be arrested or detained without a lawful reason but Nigerians are arrested for no reason other than “looking suspicious.”

You’re walking at night? Suspicious.

You have dreadlocks? Must be a fraudster.

You’re using an iPhone? Definitely into cybercrime.

Cases like Eze v. State (1985) 3 NWLR (Pt. 13) 429 and Onyekachi v. State (2021) LPELR-53166(CA) have condemned indefinite detentions without trial. But despite these rulings, police stations across the country are filled with people who have been locked up for weeks, months even years without being charged. Let’s remember the case of Chris Ebuka

  1. Right to Fair Hearing (Section 36) – Violated by Forced Confessions

The Constitution says: Every accused person is entitled to a fair and public trial but the Police often beat confessions out of suspects.

The Supreme Court in Duruaku v. Nwoke (2015) 15 NWLR (Pt. 1483) 417 ruled that confessions obtained under duress cannot be used as evidence in court. Yet, forced confessions remain standard practice in many Nigerian police stations.

  1. Right to Freedom of Speech Sections 39 and 40 of the Constitution.

Let’s go down history lane and remember The Lekki Toll Gate Massacre (2020)

The #EndSARS movement was one of the biggest protests against police brutality in Nigerian history. Protesters were demanding an end to SARS (Special Anti-Robbery Squad) due to years of killings, extortion, and torture. On October 20, 2020, security forces opened fire on peaceful protesters at Lekki Toll Gate, Lagos. The Lagos Judicial Panel of Inquiry later confirmed that unarmed civilians were killed, yet no one has been held accountable.

Also, the case of Agba Jalingo v. Federal Government (2019). Journalist Agba Jalingo was arrested and detained for months simply for writing an article that criticized the government. In Sowore v. DSS (2019), another journalist, Omoyele Sowore, was detained for calling for protests.

The courts eventually ordered their release, but these cases highlight how the police suppress free speech and dissent—which is a clear violation of Sections 39 and 40 of the Constitution.

RESPONSIBILITIES OF THE POLICE UNDER THE NIGERIA POLICE ACT

Nigeria Police Act, 2020 outlines the duties, responsibilities, and conduct expected of police officers. However, there are several provisions that Nigerian police officers frequently violate while performing their duties. Here are some key sections they often disregard:

  1. Section 1 – Duty to Protect Human Rights

Provision: The police must protect the fundamental rights of citizens as guaranteed under the Constitution.

Violation: Cases of extrajudicial killings, unlawful detentions, and torture directly contradict this duty.

  1. Section 4 – Functions of the Police

Provision: The police must prevent and detect crimes, protect lives and property, and enforce the law fairly.

Violation: Many officers engage in bribery, extortion, and harassment, failing to fairly enforce the law.

  1. Section 37 – Arrest Without Warrant

Provision: The police can only arrest without a warrant if they have reasonable grounds to suspect a person has committed an offense.

Violation: The police frequently arrest citizens arbitrarily, without probable cause or legal justification.

  1. Section 35 – Detention Beyond 24 or 48 Hours

Provision: A person must not be detained beyond 24 or 48 hours without being charged to court, depending on the proximity to a court.

Violation: Many suspects are detained indefinitely without trial, violating their constitutional rights.

  1. Section 55 – Use of Force

Provision: The police must use force only when absolutely necessary and in proportion to the threat posed.

violation: Cases of police brutality, excessive force, and extrajudicial killings show blatant disregard for this section.

  1. Section 64 – Search and Seizure Rules

Provision: Officers must conduct searches only with proper authorization and legal justification.

Violation: Many officers conduct illegal stop-and-search operations and seize property unlawfully.

  1. Section 66 – Treatment of Suspects

Provision: Suspects must be treated with dignity, allowed legal representation, and not be tortured or coerced.

Violation: Reports of torture, forced confessions, and inhumane treatment are widespread.

  1. Section 83 – Police Misconduct and Disciplinary Actions

Provision: Any officer who abuses power must be held accountable and disciplined.

Violation: Many officers act with impunity, as internal disciplinary measures are rarely enforced.

  1. Section 101 – Community-Oriented Policing

Provision: The police must engage positively with the community to gain public trust.

Violation: Instead of community policing, there is often intimidation and fear tactics used against civilians.

  1. Section 122 – Prohibition of Bribery and Corruption

Provision: Police officers must not accept bribes or engage in corrupt practices.

Violation: Extortion at checkpoints, bail for money, and bribery are rampant.

These violations contribute to public distrust in the police.

REPORTED CASES OF POLICE HARASSMENT

Police harassment and brutality in Nigeria have been persistent issues, with numerous victims sharing their distressing experiences. Here are some notable cases reported by Nigerian Punch newspapers:

  1. Yemi’s Ordeal in Lagos

In October 2021, Yemi, a 32-year-old teacher at a private school in Lagos, was subjected to manhandling and extortion by Nigerian police officers. This incident occurred a year after the #EndSARS protests, highlighting the ongoing overzealousness of some police personnel towards unarmed Nigerians.

  1. Taiwo Daniel’s Experience in Ondo State

In September 2021, Taiwo Daniel planned to reconnect with his family and friends in Ondo State after a challenging year due to the COVID-19 pandemic. However, his journey was marred by continuous extortion and harassment by personnel of the Nigeria Police Force, who are meant to protect and save lives.

  1. Olaniyi Ibrahim’s Unlawful Detention

In December 2023, Olaniyi Ibrahim, a catfish farmer and recent National Diploma graduate, was walking home from his fish farm when he was arrested by police officers. He was detained without charge, and his experience shed light on the indiscriminate arrests and illegal detentions prevalent in the system.

  1. Mr. Macaroni’s Arrest During #EndSARS Protests

Debo Adebayo, popularly known as Mr. Macaroni, a well-known Nigerian comedian and activist, was arrested in February 2021 during the #OccupyLekkiTollGate protest. He and 49 other protesters were detained for defying directives against the protest. They were granted bail but faced charges related to flouting COVID-19 protocols and protesting against orders.

  1. Harrison Gwamnishu’s Detention

Harrison Gwamnishu, a vocal human rights activist, has frequently clashed with law enforcement agencies due to his public criticisms of police brutality in Nigeria. In 2020, he was reportedly detained by police in connection with his activism, highlighting the challenges faced by those who speak out against human rights abuses.

These cases underscore the ongoing issues of police harassment and brutality in Nigeria, affecting individuals across various walks of life.

WHY IS THERE NO ACCOUNTABILITY?

Even with clear court rulings, the police continue to act with impunity. Here’s why:

  1. Weak Oversight: The Police Service Commission (PSC) lacks real power to discipline officers.
  2. Judicial Delays: Even when victims sue, cases drag on for years. Or judge demise or retire and the case most times starts de novo
  3. Government Complicity: Many rogue officers have powerful backers.

MY TAKE AND FINAL THOUGHT

To truly “police the police,” Nigerians must keep demanding justice—because without accountability, nothing will change.

Over the past few years, we’ve seen a disturbing rise in cases of police brutality. The very force that was created to protect us, to fight crime and maintain order, has instead become a source of fear, fueling the very atrocities they’re meant to prevent. Extortion, torture, framing, blackmail—you name it. We’ve seen officers take lives simply because people refused to be stripped of their fundamental rights.

It doesn’t stop there. They invade people’s privacy without hesitation—illegally searching through phones, laptops, and personal devices as if our rights mean nothing. And harassing innocent people on the streets just because of how they look. The car you drive, the clothes you wear, your phone, your hairstyle, even your wristwatch—suddenly, all of these are “evidence” that you must be a fraudster. But since when did looking good become a crime?

Gone are the days when fighting crime was their mission. Gone are the days when Nigerians could live in peace, knowing there was someone out there protecting their lives and property. Gone are the days when we could proudly say, “The police are our friends.” Gone are the days when stepping outside, no matter the time, wasn’t a risk.

Oh, what a peaceful society we once had!

But today? We cry, we wail, we beg the government to restore the life we once knew. The fear that now grips our hearts is no longer for armed robbers or highway thieves—it is for the very force that was meant to protect us. The ones who swore to serve and defend us have become the very thing we fear the most.

Being fresh ain’t a crime, officer!

Just ’cause I rock an iPhone don’t mean I’m into yahoo!

Dripping in designer ain’t proof I sold my soul for rituals!

A gold wristwatch and some ice don’t mean my money’s dirty!

Whipping a 2024 Benz don’t make me a street lord!

I grind hard, I hustle legit—so stop profiling me like a criminal!

RECOMMENDATIONS

If Nigeria is serious about ending police brutality, we need real action, not empty promises.

  1. Implement Court Rulings: The Nigerian judiciary has ruled against police misconduct countless times, but enforcement is weak. Every decision—like those in Giwa v. State and Eze v. State—must be strictly implemented.
  2. Strengthen the Police Service Commission (PSC): The PSC should be independent and have prosecutorial powers to hold officers accountable.
  3. Create a Special Court for Police Misconduct: A fast-track court should handle police brutality cases to ensure swift justice.
  4. Increase Public Awareness: Many Nigerians don’t know their legal rights. Legal aid organizations must educate citizens and provide free legal support for victims.

Oluwaleye Adedoyin Grace writes from Faculty of Law, Ahmadu Bello University, Zaria, Kaduna State. 400level oluwaleyeadedoyingrace@gmail.com  08106289069 or 08155618455

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